NISHA PANDEY AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
WRIC/22155/2025 · 2025-07-13
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73935 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73935 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:112158
Court No. - 34 Case :- WRIT - C No. - 22155 of 2025 Petitioner :- Nisha Pandey And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Girdhar Prasad Tripathi Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayers:-
"(i). issue, a writ, order or direction in the nature of Mandamus commanding and directing the respondents specially respondent no. 2/ Tehsildar (Judicial), Tehsil: Sadar, District:-Ballia to consider and decide the Mutation Case No. 09309 of 2019 (Computerized Case No. T-2019-150903-09309) (Nisha Pandey & Another Versus Sunil Kumar) which was filed under Section 34/35 of Uttar Pradesh Revenue Code-2006 which is pending before him since 2019, expeditiously, as soon as possible, within a specified period of time as this Hon'ble Court may fix, so that justice may be done with the petitioners / defendant, otherwise the applicants /petitioners shall suffer irreparable loss and hardship."
2. It is contended by learned counsel for the petitioner that Mutation Case No.09309 of 2019 (Computerized Case No. T- 2019-150903-09309), under section 34/35 U.P Revenue Code 2006 is pending consideration before respondent no.2- Tehsildar (Judicial), Tehsil- Sadar, District- Ballia. Learned counsel for the petitioner submits that the said case may be decided expeditiously. 3. This Court on 02.07.2025 had required Sri Manish Goyal, learned Additional Advocate General to get instructions from State Government as to why petitions in such a large number are being filed in this Court for expediting mutation proceedings. 4. Pursuant to query made by this Court, learned Additional Advocate General placed before the Court the circular issued by State Government on 09.07.2025 wherein a direction has been
issued by State Government to all Collectors of the State requiring Tehsildars and Sub Divisional Officers of the Tehsil and Division to conclude the mutation proceedings within the time period prescribed under the Code. 5. This Court requires that each and every Tehsildar and Sub Divisional Officer of the State should immediately comply the directions issued by State Government and in case the mutation applications are kept pending and are not decided within the time frame as provided under the Circular dated 09.07.2025 or as provided under the Code, 2006 or directed by this Court, it would amount to civil contempt under Section 2(e) of the Contempt of Courts Act, 1971.
Without any further direction, the officer will be held disobedient of the order of this Court and would be guilty of contempt. 6. In view of said fact, respondent no.2-Tehsil- Sadar, District- Ballia is hereby directed to conclude the proceedings of Mutation Case No.09309 of 2019 (Computerized Case No. T-2019-150903- 09309), under section 34/35 U.P Revenue Code 2006 positively within a period of three months, from the date of production of certified copy of this order, strictly in accordance with law, after hearing all the affected parties. 7. With the aforesaid directions, writ petition stands disposed of. 8. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 14.7.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad